Ravi S. Dhavan, J. - (1.) A tenant has come up in petition before this Court to challenge an interlocutory order. The pleadings were exchanged before the Prescribed Authority after a lapse of considerable time. This is on record of the order sheet, a certified copy of which is appended as Annexure '10'. In reference to an affidavit filed by the landlord the tenant petitioner would not file his counter affidavit and moved an application No. 26-C by which he apparently sought production of documents but a perusal of the application shows that it is, in effect, an application which seeks interrogatories, discoveries and production of documents, simultaneously. The Prescribed Authority rejected this application. One reason which weighed with the Prescribed Authority in rejecting this application was that the tenant would not answer pleadings, thus delaying the proceedings. In the order, in reference to the context the Prescribed Authority observed that upon filing of a counter affidavit by the tenant and thereafter a reply in rejoinder by the landlord, any party may move for cross-examination. An opportunity of the tenant to seek cross-examination, should a stage arise has not been closed by the Prescribed Authority. But, the tenant desires to postpone filing his counter affidavit upon the application 26-C aforesaid being allowed. The Prescribed Authority is correct that if this procedure is adopted it would delay case No. 77 of 1984. The matter before the Prescribed Authority ought not to be delayed further and the tenant petitioner must file his counter affidavit if he so desires for which time has been sought repeatedly. This counter affidavit must be filed, should the tenant elect to do so, by 1st May 1987. Thereafter, the Prescribed Authority may grant the appropriate time to the landlord to file a rejoinder. After that, the Prescribed Authority may consider the request of any party to seek evidence, if relevant or file evidence, or a request for cross-examination.
(2.) With these observations, the petition is dismissed.
(3.) A certified copy of this order may be given to the petitioner within three days on payment of usual charges. Petition dismissed.;